BILL NUMBER: AB 2800	CHAPTERED  09/11/00

	CHAPTER   385
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE SENATE   AUGUST 25, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   APRIL 24, 2000

INTRODUCED BY   Assembly Member Shelley

                        FEBRUARY 28, 2000

   An act to amend Sections 1525, 1528, 1580, 2852, 8610.14, 10503,
and 10711 of, and to add Article 5 (commencing with Section 1590) to
Chapter 5 of Division 2 of, the Fish and Game Code, and to amend
Sections 5001.65, 5003.1, 5019.50, 5019.53, 5019.56, 5019.59,
5019.62, 5019.65, 5019.71, and 5019.74 of, to add Sections 538,
5001.4, and 5019.80 to, and to add Chapter 7 (commencing with Section
36600) to Division 27 of, the Public Resources Code, relating to
marine resources, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2800, Shelley.  Marine Managed Areas Improvement Act.
   (1) Existing law declares it is the state policy to assess the
long-term values and benefits of the conservation and development of
ocean resources and uses with the objective of restoring or
maintaining the health of the ocean ecosystem and ensuring the proper
management of renewable and nonrenewable resources.
   This bill would establish the Marine Managed Areas Improvement
Act, which, among other things, would prescribe 6 classifications for
designating managed areas in the marine and estuarine environments
to ensure the long-term ecological viability and biological
productivity of marine ecosystems and to preserve cultural resources
in the coastal sea.  The bill would make certain conduct within those
areas unlawful, thereby imposing a state-mandated local program by
creating new crimes.
   The bill would require the Secretary of the Resources Agency to
establish and chair a State Interagency Coordinating Committee, with
representatives from state entities with jurisdiction or management
interests over marine managed areas.  The bill would require the
committee to review proposals for new or amended marine managed
areas.
   The bill also would require the secretary to establish a
scientific review panel, with statewide representation.  The bill
would require the panel to evaluate the proposals for technical and
scientific validity.
   The bill would authorize the State Park and Recreation Commission,
the Department of Parks and Recreation, the State Water Resources
Control Board, the Fish and Game Commission, and the Department of
Fish and Game to take certain actions and would impose certain duties
on those entities in connection with the designation and management
of certain managed areas.
   The bill would make related and conforming changes.
   (2) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the Fish and Game Commission and the
Department of Fish and Game to carry out laws for the protection and
preservation of birds, mammals, reptiles, and fish and for the
expenses of the commission.
   By authorizing and requiring the commission and the department to
perform new duties, the bill would make an appropriation.
  (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1525 of the Fish and Game Code is amended to
read:
   1525.  For the purposes of propagating, feeding and protecting
birds, mammals, and fish, and establishing wildlife management areas
or public shooting grounds the department, with the approval of the
commission, may do all of the following:
   (a) Accept, on behalf of the  state, donations of birds, mammals,
and fish, and of money given or appropriated.  Those donations shall
be used for the purposes for which they are accepted, and, as nearly
as may be, for any purpose indicated by the donor.
   (b) Acquire, by purchase, lease, rental or otherwise, and occupy,
develop, maintain, use and administer, land, or land and nonmarine
water, or land and nonmarine water rights, suitable for state game
farms, wildlife management areas, or public shooting grounds.
  SEC. 2.  Section 1528 of the Fish and Game Code is amended to read:

   1528.  Lands, or lands and water, acquired for public shooting
grounds, state marine (estuarine) recreational management areas, or
wildlife management areas shall be operated on a nonprofit basis by
the department.  Multiple recreational use of wildlife management
areas is desirable and that use shall be encouraged by the
commission.  Except for hunting and fishing purposes, only minimum
facilities to permit other forms of multiple recreational use, such
as camping, picnicking, boating, or swimming, shall be provided.
Except as provided in Section 1765, and to defray the costs
associated with multiple use, the commission may determine and fix
the amount of, and the department shall collect, fees for any use
privileges.  However, tours by organized youth and school groups are
exempt from the payment of those fees.  Only persons holding valid
hunting licenses may apply for or obtain shooting permits for public
shooting grounds, state marine (estuarine) recreational management
areas, or wildlife management areas.
  SEC. 3.  Section 1580 of the Fish and Game Code is amended to read:

   1580.  The Legislature hereby declares that the policy of the
state is to protect threatened or endangered native plants, wildlife,
or aquatic organisms or specialized habitat types, both terrestrial
and nonmarine aquatic, or large heterogeneous natural gene pools for
the future use of mankind through the establishment of ecological
reserves.  For the purpose of establishing those ecological reserves,
the department, with the approval of the commission, may obtain,
accept on behalf of the state, acquire, or control, by purchase,
lease, easement, gift, rental, memorandum of understanding, or
otherwise, and occupy, develop, maintain, use, and administer land,
or land and nonmarine water, or land and nonmarine water rights,
suitable for the purpose of establishing ecological reserves.  Any
property obtained, accepted, acquired, or controlled by the
department pursuant to this article may be designated by the
commission as an ecological reserve.  The commission may adopt
regulations for the occupation, utilization, operation, protection,
enhancement, maintenance, and administration of ecological reserves.
The ecological reserves shall not be classified as wildlife
management areas pursuant to Section 1504 and shall be exempt from
Section 1504.
  SEC. 4.  Article 5 (commencing with Section 1590) is added to
Chapter 5 of Division 2 of the Fish and Game Code, to read:

      Article 5.  Classification of Marine Managed Areas with Harvest
Restrictions

   1590.  The commission may designate, delete, or modify state
marine (estuarine) recreational management areas established by the
commission for hunting purposes, state marine (estuarine) reserves ,
and state marine (estuarine) conservation areas, as delineated in
subdivision (a) of Section 36725 of the Public Resources Code.  The
commission shall consult with, and secure concurrence from, the State
Park and Recreation Commission prior to modifying or deleting marine
(estuarine) reserves and marine (estuarine) conservation areas
designated by the State Park and Recreation Commission.  The
commission shall not delete or modify state marine (estuarine)
recreational management areas designated by the State Park and
Recreation Commission.
   1591.  (a) The Marine Managed Areas Improvement Act (Chapter 7
(commencing with Section 36600) of Division 27 of the Public
Resources Code) establishes a uniform classification system for state
marine managed areas and is incorporated herein by reference.  Any
proposals for marine protected areas made after January 1, 2002,
shall follow the guidelines set forth in that act.  Pursuant to
Section 36750 of the Public Resources Code, all marine protected
areas in existence and not reclassified in accordance with the Marine
Life Protection Act (Chapter 10.5 (commencing with Section 2850) of
Division 3) on January 1, 2002, shall be reclassified by the State
Interagency Coordinating Committee established pursuant to Section
36800 of the Public Resources Code into one of the following
classifications:
   (1) State marine (estuarine) reserve.
   (2) State marine (estuarine) park.
   (3) State marine (estuarine) conservation area.
   (b) State marine (estuarine) recreational management areas
established by the commission for hunting purposes, state marine
(estuarine) reserves, and state marine (estuarine) conservation areas
shall be designated, deleted, or modified by the commission pursuant
to that act.  The restrictions and allowable uses applicable to
those areas are as set forth in that act.
  SEC. 5.  Section 2852 of the Fish and Game Code is amended to read:

   2852.  The following definitions govern the construction of this
chapter:
   (a) "Adaptive management," with regard to marine protected areas,
means a management policy that seeks to improve management of
biological resources, particularly in areas of scientific
uncertainty, by viewing program actions as tools for learning.
Actions shall be designed so that, even if they fail, they will
provide useful information for future actions, and monitoring and
evaluation shall be emphasized so that the interaction of different
elements within marine systems may be better understood.
   (b) "Biogeographical regions" refers to the following oceanic or
near shore areas, seaward from the mean high tide line or the mouth
of coastal rivers, with distinctive biological characteristics,
unless the master plan team establishes an alternative set of
boundaries:
   (1) The area extending south from Point Conception.
   (2) The area between Point Conception and Point Arena.
   (3) The area extending north from Point Arena.
   (c) "Marine protected area" (MPA) means a named, discrete
geographic marine or estuarine area seaward of the mean high tide
line or the mouth of a coastal river, including any area of
intertidal or subtidal terrain, together with its overlying water and
associated flora and fauna that has been designated by law,
administrative action, or voter initiative to protect or conserve
marine life and habitat.  An MPA includes marine life reserves and
other areas that allow for specified commercial and recreational
activities, including fishing for certain species but not others,
fishing with certain practices but not others, and kelp harvesting,
provided that these activities are consistent with the objectives of
the area and the goals and guidelines of this chapter.  MPAs are
primarily intended to protect or conserve marine life and habitat,
and are therefore a subset of marine managed areas (MMAs), which are
broader groups of named, discrete geographic areas along the coast
that protect, conserve, or otherwise manage a variety of resources
and uses, including living marine resources, cultural and historical
resources, and recreational opportunities.
   (d) "Marine life reserve," for the purposes of this chapter, means
a marine protected area in which all extractive activities,
including the taking of marine species, and, at the discretion of the
commission and within the authority of the commission, other
activities that upset the natural ecological functions of the area,
are prohibited.  While, to the extent feasible, the area shall be
open to the public for managed enjoyment and study, the area shall be
maintained to the extent practicable in an undisturbed and
unpolluted state.
  SEC. 6.  Section 8610.14 of the Fish and Game Code is amended to
read:
   8610.14.  (a) Prior to January 1, 1994, the commission shall
establish four new ecological reserves in ocean waters along the
mainland coast.  Each ecological reserve shall have a surface area of
at least two square miles.  The commission shall restrict the use of
these ecological reserves to scientific research relating to the
management and enhancement of marine resources, including, but not
limited to, scientific research as it relates to sportfishing and
commercial fishing.
   Recreational uses, including, but not limited to, hiking, walking,
viewing, swimming, diving, surfing, and transient boating are not in
conflict with this section.
   (b) Prior to establishing the four ecological reserves, the
commission shall conduct a public hearing at each of the recommended
sites or at the nearest practicable location.
   (c) On and after January 1, 2002, the four ecological reserves
established pursuant to subdivision (a) shall be called state marine
reserves, unless otherwise reclassified pursuant to Section 2855, and
shall become part of the state system of marine managed areas.
  SEC. 7.  Section 10503 of the Fish and Game Code is amended to
read:
   10503.  For the purposes of propagating, feeding, and protecting
birds, mammals, fish, and amphibia the commission may do all of the
following:
   (a) Accept, on behalf of the  state, donations of any interest in
lands within any refuge.
   (b) Accept, on behalf of the state, from any person owning and in
possession of patented lands, except lands  that are covered and
uncovered by the ordinary daily tide of the Pacific Ocean, the right
to preserve and protect all birds, mammals, fish, and amphibia on
the patented lands.
   (c) Accept, on behalf of the  state, donations of birds, mammals,
fish, and amphibia, and of money given or appropriated.  Those
donations shall be used for the purposes for which they are accepted,
and, as nearly as may be, for any purpose indicated by the donor.
   (d) Acquire, by purchase, lease, rental, or otherwise, and occupy,
develop, maintain, use, and administer land, or land and nonmarine
water, or land and nonmarine water rights, suitable for state game
farms or game refuges.
  SEC. 8.  Section 10711 of the Fish and Game Code is amended to
read:
   10711.  The commission may close for the taking of clams not less
than eight land miles of pismo clam bearing beaches within San Luis
Obispo County as a clam refuge, but not more than 50 percent of any
individual pismo clam bearing beach or beaches may be so closed at
any time.  The commission may from time to time vary the location of
the closed and open portions of  those beaches.
   Before the commission closes, opens, or varies the location of the
closed and open portions of pismo clam bearing beaches, one or more
members of the commission shall hold in the county to be affected a
public hearing, notice of which has been published at least once in a
newspaper of general circulation, printed, and published in that
county.  The commission may determine which newspaper will be most
likely to give notice to the inhabitants of the county, and its
determination shall be final and conclusive.  The commission may
authorize any employee of the department in its place to hold the
hearings, in which event a copy of a transcript of all proceedings
taken or had at the hearing shall be furnished to each commissioner
at least five days before any regulation is made by the commission.

  SEC. 9.  Section 538 is added to the Public Resources Code, to
read:
   538.  The commission may designate, delete, or modify state marine
(estuarine) reserves, state marine (estuarine) parks, state marine
(estuarine) conservation areas, state marine (estuarine) cultural
preservation areas, and state marine (estuarine) recreational
management areas, as delineated in subdivision (b) of Section 36725.
The commission may not designate, delete, or modify a state marine
(estuarine) reserve, state marine (estuarine) park, or state marine
(estuarine) conservation area without the concurrence of the Fish and
Game Commission on any proposed restrictions upon, or change in, the
use of living marine resources.
  SEC. 10.  Section 5001.4 is added to the Public Resources Code, to
read:
   5001.4.  The department may manage state marine (estuarine)
reserves, state  marine (estuarine) parks, state marine (estuarine)
conservation areas, state marine (estuarine) cultural preservation
areas, state marine (estuarine) recreational management areas and, if
requested by the State Water Resources Control Board, state water
quality protection areas.  Department authority over units within the
state park system shall extend to units of the state MMAs system
that are managed by the department.
  SEC. 11.  Section 5001.65 of the Public Resources Code is amended
to read:
   5001.65.  Commercial exploitation of resources in units of the
state park system is prohibited. However, slant or directional
drilling for oil or gas with the intent of extracting deposits
underlying the Tule Elk State Reserve in Kern County is permissible
in accordance with Section 6854.  Commercial fishing is permissible,
unless otherwise restricted, in state marine (estuarine) conservation
areas, state marine (estuarine) cultural preservation areas, and
state marine (estuarine) recreational management areas.
   Qualified institutions and individuals shall be encouraged to
conduct nondestructive forms of scientific investigation within state
park system units, upon receiving prior approval of the director.
   The taking of mineral specimens for recreational purposes from
state beaches, state recreation areas, or state vehicular recreation
areas is permitted upon receiving prior approval of the director.
  SEC. 12.  Section 5003.1 of the Public Resources Code is amended to
read:
   5003.1.  The Legislature finds and declares that it is in the
public interest to permit hunting, fishing, swimming, trails,
camping, campsites, and rental vacation cabins in certain state
recreation areas, or portions thereof, when it is found by the State
Park and Recreation Commission that such multiple use of state
recreation areas would not threaten the safety and welfare of other
state recreation area users.  Hunting shall not be permitted in any
unit now in the state park system and officially opened to the public
on or before June 1, 1961, or in any unit hereafter acquired and
designated by the commission as a state park, state marine
(estuarine) reserve, state marine (estuarine) park, state reserve,
state marine (estuarine) conservation area, or state marine
(estuarine) cultural preservation area, and may only be permitted in
new recreational areas and state marine (estuarine) recreational
management areas that are developed for that use.
   Whenever hunting or fishing is permitted in a state recreation
area or state marine (estuarine) recreational management area, and
whenever fishing is permitted in a state park, state marine
(estuarine) park, state marine (estuarine) cultural preservation
area, or state marine (estuarine) conservation area, the Department
of Fish and Game shall enforce hunting and fishing laws and
regulations as it does elsewhere in the state.
  SEC. 13.  Section 5019.50 of the Public Resources Code is amended
to read:
   5019.50.  All units that are or shall become a part of the state
park system, except those units or parts of units designated by the
Legislature as wilderness areas pursuant to Chapter 1.3 (commencing
with Section 5093.30), or where subject to any other provision of
law, including Section 5019.80 and Article 1 (commencing with Section
36600) of Chapter 7 of Division 27, shall be classified by the State
Park and Recreation Commission into one of the categories specified
in this article.  Classification of state marine (estuarine)
reserves, state marine (estuarine) parks, and state marine
(estuarine) conservation areas, requires the concurrence of the Fish
and Game Commission for restrictions to be placed upon the use of
living marine resources.
  SEC. 14.  Section 5019.53 of the Public Resources Code is amended
to read:
   5019.53.  State parks consist of relatively spacious areas of
outstanding scenic or natural character, oftentimes also containing
significant historical, archaeological, ecological, geological, or
other similar values.  The purpose of state parks shall be to
preserve outstanding natural, scenic, and cultural values, indigenous
aquatic and terrestrial fauna and flora, and the most significant
examples of ecological regions of California, such as the Sierra
Nevada, northeast volcanic, great valley, coastal strip,
Klamath-Siskiyou Mountains, southwest mountains and valleys,
redwoods, foothills and low coastal mountains, and desert and desert
mountains.
   Each state park shall be managed as a composite whole in order to
restore, protect, and maintain its native environmental complexes to
the extent compatible with the primary purpose for which the park was
established.
   Improvements undertaken within state parks shall be for the
purpose of making the areas available for public enjoyment and
education in a manner consistent with the preservation of natural,
scenic, cultural, and ecological values for present and future
generations.  Improvements may be undertaken to provide for
recreational activities including, but not limited to, camping,
picnicking, sightseeing, nature study, hiking, and horseback riding,
so long as those improvements involve no major modification of lands,
forests, or waters.  Improvements that do not directly enhance the
public's enjoyment of the natural, scenic, cultural, or ecological
values of the resource, which are attractions in themselves, or which
are otherwise available to the public within a reasonable distance
outside the park, shall not be undertaken within state parks.
   State parks may be established in the terrestrial or nonmarine
aquatic (lake or stream) environments of the state.
  SEC. 15.  Section 5019.56 of the Public Resources Code is amended
to read:
   5019.56.  State recreation units consist of areas selected,
developed, and operated to provide outdoor recreational
opportunities.  The units shall be designated by the commission by
naming, in accordance with Article 1 (commencing with Section 5001)
and this article relating to classification.
   In the planning of improvements to be undertaken within state
recreation units, consideration shall be given to compatibility of
design with the surrounding scenic and environmental characteristics.

   State recreation units may be established in the terrestrial or
nonmarine aquatic (lake or stream) environments of the state and
shall be further classified as one of the following types:
   (a) State recreation areas, consisting of areas selected and
developed to provide multiple recreational opportunities to meet
other than purely local needs.  The areas shall be selected for their
having terrain capable of withstanding extensive human impact and
for their proximity to large population centers, major routes of
travel, or proven recreational resources such as manmade or natural
bodies of water.  Areas containing ecological, geological, scenic, or
cultural resources of significant value shall be preserved within
state wildernesses, state reserves, state parks, or natural or
cultural preserves, or, for those areas situated seaward of the mean
high tide line, shall be designated state marine (estuarine)
reserves, state marine (estuarine) parks, state marine (estuarine)
conservation areas, or state marine (estuarine) cultural preservation
areas.
   Improvements may be undertaken to provide for recreational
activities, including, but not limited to, camping, picnicking,
swimming, hiking, bicycling, horseback riding, boating, waterskiing,
diving, winter sports, fishing, and hunting.
   Improvements to provide for urban or indoor formalized
recreational activities shall not be undertaken within state
recreation areas.
   (b) Underwater recreation areas, consisting of areas in the
nonmarine aquatic (lake or stream) environment selected and developed
to provide surface and subsurface water-oriented recreational
opportunities, while preserving basic resource values for present and
future generations.
   (c) State beaches, consisting of areas with frontage on the ocean,
or bays designed to provide swimming, boating, fishing, and other
beach-oriented recreational activities.  Coastal areas containing
ecological, geological, scenic, or cultural resources of significant
value shall be preserved within state wildernesses, state reserves,
state parks, or natural or cultural preserves, or, for those areas
situated seaward of the mean high tide line, shall be designated
state marine (estuarine) reserves, state marine (estuarine) parks,
state marine (estuarine) conservation areas, or state marine
(estuarine) cultural preservation areas.
   (d) Wayside campgrounds, consisting of relatively small areas
suitable for overnight camping and offering convenient access to
major highways.
  SEC. 16.  Section 5019.59 of the Public Resources Code is amended
to read:
   5019.59.  Historical units, to be named appropriately and
individually, consist of nonmarine areas established primarily to
preserve objects of historical, archaeological, and scientific
interest, and archaeological sites and places commemorating important
persons or historic events.   The areas should be of sufficient
size, where possible, to encompass a significant proportion of the
landscape associated with the historical objects.  The only
facilities that may be provided are those required for the safety,
comfort, and enjoyment of the visitors, such as access, parking,
water, sanitation, interpretation, and  picnicking.  Upon approval by
the commission, lands outside the primary historic zone may be
selected or acquired, developed, or operated to provide camping
facilities within appropriate historical units.  Upon approval by the
State Park and Recreation Commission, an area outside the primary
historic zone may be designated as a recreation zone to provide
limited recreational opportunities that will supplement the public's
enjoyment of the unit.  Certain agricultural, mercantile, or other
commercial activities may be permitted if those activities are a part
of the history of the individual unit and any developments retain or
restore historical authenticity.  Historical units shall be named to
perpetuate the primary historical theme of the individual units.
  SEC. 17.  Section 5019.62 of the Public Resources Code is amended
to read:
   5019.62.  State seashores consist of relatively spacious coastline
areas with frontage on the ocean, or on bays open to the ocean,
including water areas landward of the mean high tide line and
seasonally connected to the ocean, possessing outstanding scenic or
natural character and significant recreational, historical,
archaeological, or geological values.
   The purpose of state seashores shall be to preserve outstanding
natural, scenic, cultural, ecological, and recreational values of the
California coastline as an ecological region and to make possible
the enjoyment of coastline and related recreational activities which
are consistent with the preservation of the principal values and
which contribute to the public enjoyment, appreciation, and
understanding of those values.
   Improvements undertaken within state seashores shall be for the
purpose of making the areas available for public enjoyment,
recreation, and education in a manner consistent with the
perpetuation of their natural, scenic, cultural, ecological, and
recreational value.  Improvements which do not directly enhance the
public enjoyment of the natural, scenic, cultural, ecological, or
recreational values of the seashore, or which are attractions in
themselves, shall not be undertaken.
  SEC. 18.  Section 5019.65 of the Public Resources Code is amended
to read:
   5019.65.  State reserves consist of areas embracing outstanding
natural or scenic characteristics of statewide significance.  The
purpose of a state reserve is to preserve its native ecological
associations, unique faunal or floral characteristics, geological
features, and scenic qualities in a condition of undisturbed
integrity.  Resource manipulation shall be restricted to the minimum
required to negate the deleterious influence of man.
   Improvements undertaken shall be for the purpose of making the
areas available, on a day use basis, for public enjoyment and
education in a manner consistent with the preservation of their
natural features.  Living and nonliving resources contained within
state reserves shall not be disturbed or removed for other than
scientific or management purposes.
   State reserves may be established in the terrestrial or nonmarine
aquatic (lake or stream) environments of the state.
  SEC. 19.  Section 5019.71 of the Public Resources Code is amended
to read:
   5019.71.  Natural preserves consist of distinct nonmarine areas of
outstanding natural or scientific significance established within
the boundaries of other state park system units.  The purpose of
natural preserves shall be to preserve such features as rare or
endangered plant and animal species and their supporting ecosystems,
representative examples of plant or animal communities existing in
California prior to the impact of civilization, geological features
illustrative of geological processes, significant fossil occurrences
or geological features of cultural or economic interest, or
topographic features illustrative of representative or unique
biogeographical patterns.  Areas set aside as natural preserves shall
be of sufficient size to allow, where possible, the natural dynamics
of ecological interaction to continue without interference, and to
provide, in all cases, a practicable management unit.  Habitat
manipulation shall be permitted only in those areas found by
scientific analysis to require manipulation to preserve the species
or associations  that constitute the basis for the establishment of
the natural preserve.
  SEC. 20.  Section 5019.74 of the Public Resources Code is amended
to read:
   5019.74.  Cultural preserves consist of distinct nonmarine areas
of outstanding cultural interest established within the boundaries of
other state park system units for the purpose of
                         protecting such features as sites,
buildings, or zones which represent significant places or events in
the flow of human experience in California.  Areas set aside as
cultural preserves shall be large enough to provide for the effective
protection of the prime cultural resources from potentially damaging
influences, and to permit the effective management and
interpretation of the resources.  Within cultural preserves, complete
integrity of the cultural resources shall be sought, and no
structures or improvements  that conflict with that integrity shall
be permitted.
  SEC. 21.  Section 5019.80 is added to the Public Resources Code, to
read:
   5019.80.  (a) The Marine Managed Areas Improvement Act (Chapter 7
(commencing with Section 36600) of Division 27) establishes a uniform
classification system for state marine managed areas and is
incorporated herein by reference.  Any proposals for marine managed
areas made after January 1, 2002, shall follow the guidelines set
forth in that act.  Pursuant to Section 36750, existing marine areas
within units of the state park system that have not been reclassified
in accordance with the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code) on January 1, 2002, shall be reclassified by the State
Interagency Coordinating Committee into one of the following
classifications:
   (1) State marine (estuarine) reserve.
   (2) State marine (estuarine) park.
   (3) State marine (estuarine) conservation area.
   (4) State marine (estuarine) cultural preservation area.
   (5) State marine (estuarine) recreational management area.
   (b) The process for establishing, deleting, or modifying state
marine (estuarine) reserves, state marine (estuarine) parks, state
marine (estuarine) conservation areas, state marine (estuarine)
cultural preservation areas, and state marine (estuarine)
recreational management areas shall be established pursuant to that
act.  The restrictions and allowable uses applicable to those areas
are as set forth in that act.
  SEC. 22.  Chapter 7 (commencing with Section 36600) is added to
Division 27 of the Public Resources Code, to read:

      CHAPTER 7.  MARINE MANAGED AREAS IMPROVEMENT ACT
      Article 1.  General Provisions

   36600.  This chapter shall be known, and may be cited, as the
Marine Managed Areas Improvement Act.
   36601.  (a) The Legislature finds and declares all of the
following:
   (1) California's extraordinary ocean and coastal resources provide
a vital asset to the state and nation.  These resources are
important to public health and well-being, ecological health, and
ocean-dependent industries.
   (2) The ocean ecosystem is inextricably connected to the land,
with coastal development, water pollution, and other human activities
threatening the health of marine habitat and the biological
diversity found in California's ocean waters.  New technologies and
demands have encouraged the expansion of fishing and other activities
to formerly inaccessible marine areas that once recharged nearby
fisheries.  As a result, ecosystems throughout the state's ocean
waters are being altered, often at a rapid rate.
   (3) California's marine managed areas (MMAs), such as refuges,
reserves, and state reserves, are one of many tools for resource
managers to use for protecting, conserving, and managing the state's
valuable marine resources.  MMAs can offer many benefits, including
protecting habitats, species, cultural resources, and water quality;
enhancing recreational opportunities; and contributing to the economy
through such things as increased tourism and property values.  MMAs
may also benefit fisheries management by protecting representative
habitats and reducing extractive uses.
   (4) The array of state MMAs in California is the result of over 50
years of designations through legislative, administrative, and
statewide ballot initiative actions, which has led to 18
classifications and subclassifications of these areas.
   (5) A State Interagency Marine Managed Areas Workgroup was
convened by the Resources Agency to address this issue, bringing
together for the first time all of the state agencies with
jurisdiction over these areas.  This group's report indicates that
California's state MMAs have evolved on a case-by-case basis, without
conforming to any plan for establishing MMAs in the most effective
way or in a manner which ensures that the most representative or
unique areas of the ocean and coastal environment are included.
   (6) The report further states that California's MMAs do not
comprise an organized system, as the individual sites are not
designated, classified, or managed in a systematic manner.  Many of
these areas lack clearly defined purposes, effective management
measures, and enforcement.
   (7) To some, this array of MMAs creates the illusion of a
comprehensive system of management, while in reality, it falls short
of its potential to protect, conserve, and manage natural, cultural,
and recreational resources along the California coast.  Without a
properly designed and coordinated system of MMAs, it is difficult for
agencies to meet management objectives, such as maintaining
biodiversity, providing education and outreach, and protecting marine
resources.
   (8) Agency personnel and the public are often confused about the
laws, rules, and regulations that apply to MMAs, especially those
adjacent to a terrestrial area set aside for management purposes.
Lack of clarity about the manner in which the set of laws, rules, and
regulations for the array of MMAs interface and complement each
other limits public and resource managers' ability to understand and
apply the regulatory structure.
   (9) Designation of sites and subsequent adoption of regulations
often occur without adequate consideration being given to overall
classification goals and objectives.  This has contributed to
fragmented management, poor compliance with regulations, and a lack
of effective enforcement.
   (10) Education and outreach related to state MMAs is limited and
responsibility for these activities is distributed across many state
agencies.  These factors hamper the distribution of information to
the public regarding the benefits of MMAs and the role they can play
in protecting ocean and coastal resources.
   (11) There are few coordinated efforts to identify opportunities
for public/private partnerships or public stewardship of MMAs or to
provide access to general information and data about ocean and
coastal resources within California's MMAs.
   (12) Ocean and coastal scientists and managers generally know far
less about the natural systems they work with than their terrestrial
counterparts.  Understanding natural and human-induced factors that
affect ocean ecosystem health, including MMAs, is fundamental to the
process of developing sound management policies.
   (13) Research in California's MMAs can provide managers with a
wealth of knowledge regarding habitat functions and values, species
diversity, and complex physical, biological, chemical, and
socioeconomic processes that affect the health of marine ecosystems.
That information can be useful in determining the effectiveness of
particular sites or classifications in achieving stated goals.
   (b) With the single exception of state estuaries, it is the intent
of the Legislature that the classifications currently available for
use in the marine and estuarine environments of the state shall cease
to be used and that a new classification system shall be
established, with a mission, statement of objectives, clearly defined
designation guidelines, specific classification goals, and a more
scientifically-based process for designating sites and determining
their effectiveness.  The existing classifications may continue to be
used for the terrestrial and freshwater environments of the state.
   (c) Due to the interrelationship between land and sea, benefits
can be gained from siting a portion of the state's marine managed
areas adjacent to, or in close proximity to, terrestrial protected
areas.  To maximize the benefits that can be gained from having
connected protected areas, whenever an MMA is adjacent to a
terrestrial protected area, the managing agencies shall coordinate
their activities to the greatest extent possible to achieve the
objectives of both areas.
   36602.  The following definitions govern the construction of this
chapter:
   (a) "Committee" is the State Interagency Coordinating Committee
established pursuant to Section 36800.
   (b) "Designating entity" is the Fish and Game Commission, State
Park and Recreation Commission, or State Water Resources Control
Board, each of which has the authority to designate specified state
marine managed areas.
   (c) "Managing agency" is the Department of Fish and Game  or the
Department of Parks and Recreation, each of which has the authority
to manage specified state marine managed areas.
   (d) "Marine managed area" (MMA) is a named, discrete geographic
marine or estuarine area along the California coast designated by law
or administrative action, and intended to protect, conserve, or
otherwise manage a variety of resources and their uses.  The
resources and uses may include, but are not limited to, living marine
resources and their habitats, scenic views, water quality,
recreational values, and cultural or geological resources.  General
areas that are administratively established for recreational or
commercial fishing restrictions, such as seasonal or geographic
closures or size limits, are not included in this definition.  MMAs
include the following classifications:
   (1) State marine (estuarine) reserve, as defined in subdivision
(a) of Section 36700.
   (2) State marine (estuarine) park, as defined in subdivision (b)
of Section 36700.
   (3) State marine (estuarine) conservation area, as defined in
subdivision (c) of Section 36700.
   (4) State marine (estuarine) cultural preservation area, as
defined in subdivision (d) of Section 36700.
   (5) State marine (estuarine) recreational management area, as
defined in subdivision (e) of Section 36700.
   (6) State water quality protection areas, as defined in
subdivision (f) of Section 36700.
   (e) "Marine protected area" (MPA), consistent with the Marine Life
Protection Act (Chapter 10.5  (commencing with Section 2850) of
Division 3 of the Fish and Game Code) is a named, discrete geographic
marine or estuarine area seaward of the mean high tide line or the
mouth of a coastal river, including any area of intertidal or
subtidal terrain, together with its overlying water and associated
flora and fauna that has been designated by law or administrative
action to protect or conserve marine life and habitat.  MPAs are
primarily intended to protect or conserve marine life and habitat,
and are therefore a subset of marine managed areas (MMAs).  MPAs
include the following classifications:
   (1) State marine (estuarine) reserve, as defined in subdivision
(a) of Section 36700.
   (2) State marine (estuarine) park, as defined in subdivision (b)
of Section 36700.
   (3) State marine (estuarine) conservation area, as defined in
subdivision (c) of Section 36700.
   36620.  The mission of the state MMA system is to ensure the
long-term ecological viability and biological productivity of marine
ecosystems and to preserve cultural resources in the coastal sea, in
recognition of their intrinsic value and for the benefit of current
and future generations.  In support of this mission, the Legislature
finds and declares that there is a need to reexamine and redesign
California's array of MMAs, to establish and manage a system using
science and clear public policy directives to achieve all of the
following objectives:
   (a) Conserve representative or outstanding examples of marine
habitats, biodiversity, ecosystems, and significant natural and
cultural features or sites.
   (b) Support and promote marine research, education, and
science-based management.
   (c) Help ensure sustainable uses of marine resources.
   (d) Provide and enhance opportunities for public enjoyment of
natural and cultural marine resources.
      Article 2.  Classifications, Designations, Restrictions, and
Allowable Uses

   36700.  Six classifications for designating managed areas in the
marine and estuarine environments are hereby established as described
in this section, to become effective January 1, 2002.  Where the
term "marine (estuarine)" is used, it means that either the word
"marine" or "estuarine" is to be used, as appropriate for the
geographic area being designated.  A geographic area may be
designated under more than one classification.
   (a) A "state marine (estuarine) reserve" is a nonterrestrial
marine or estuarine area that is designated so the managing agency
may achieve one or more of the following:
   (1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
   (2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
   (3) Protect or restore diverse marine gene pools.
   (4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
   (b) A "state marine (estuarine) park" is a nonterrestrial marine
or estuarine area that is designated so the managing agency may
provide opportunities for spiritual, scientific, educational, and
recreational opportunities, as well as one or more of the following:

   (1) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
   (2) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding representative or imperiled marine habitats
or ecosystems.
   (3) Preserve cultural objects of historical, archaeological, and
scientific interest in marine areas.
   (4) Preserve outstanding or unique geological features.
   (c) A "state marine (estuarine) conservation area" is a
nonterrestrial marine or estuarine area that is designated so the
managing agency may achieve one or more of the following:
   (1) Protect or restore rare, threatened, or endangered native
plants, animals, or habitats in marine areas.
   (2) Protect or restore outstanding, representative, or imperiled
marine species, communities, habitats, and ecosystems.
   (3) Protect or restore diverse marine gene pools.
   (4) Contribute to the understanding and management of marine
resources and ecosystems by providing the opportunity for scientific
research in outstanding, representative, or imperiled marine habitats
or ecosystems.
   (5) Preserve outstanding or unique geological features.
   (6) Provide for sustainable living marine resource harvest.
   (d) A "state marine (estuarine) cultural preservation area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may preserve cultural objects or sites of historical,
archaeological, or scientific interest in marine areas.
   (e) A "state marine (estuarine) recreational management area" is a
nonterrestrial marine or estuarine area designated so the managing
agency may provide, limit, or restrict recreational opportunities to
meet other than exclusively local needs while preserving basic
resource values for present and future generations.
   (f) A "state water quality protection area" is a nonterrestrial
marine or estuarine area designated to protect marine species or
biological communities from an undesirable alteration in natural
water quality, including, but not limited to, areas of special
biological significance that have been designated by the State Water
Resources Control Board through its water quality control planning
process.
   36710.  The following classifications may not be inconsistent with
United States military activities deemed mission critical by the
United States military:
   (a) In a state marine (estuarine) reserve, it is unlawful to
injure, damage, take, or possess any living geological, or cultural
marine resource, except under a permit or specific authorization from
the managing agency for research, restoration, or monitoring
purposes.  While, to the extent feasible, the area shall be open to
the public for managed enjoyment and study, the area shall be
maintained to the extent practicable in an undisturbed and unpolluted
state.  Access and use for activities such as walking, swimming,
boating, and diving may be restricted to protect marine resources.
Research, restoration, and monitoring may be permitted by the
managing agency.  Educational activities and other forms of
nonconsumptive human use may be permitted by the designating entity
or managing agency in a manner consistent with the protection of all
marine resources.
   (b) In a state marine (estuarine) parks, it is unlawful to injure,
damage, take, or possess any living or nonliving marine resource for
commercial exploitation purposes.  Any human use that would
compromise protection of the species of interest, natural community
or habitat, or geological, cultural, or recreational features, may be
restricted by the designating entity or managing agency.  All other
uses are allowed, including scientific collection with a permit,
research, monitoring, and public recreation, including recreational
harvest, unless otherwise restricted.  Public use, enjoyment, and
education are encouraged, in a manner consistent with protecting
resource values.
   (c) In a state marine (estuarine) conservation area, it is
unlawful to injure, damage, take, or possess any living, geological,
or cultural marine resource for commercial or recreational purposes,
or a combination of commercial and recreational purposes, that the
designating entity or managing agency determines would compromise
protection of the species of interest, natural community, habitat, or
geological features.  The designating entity or managing agency may
permit research, education, and recreational activities, and certain
commercial and recreational harvest of marine resources.
   (d) In a state marine (estuarine) cultural preservation area, it
is unlawful to damage, take, or possess any cultural marine resource.
  Complete integrity of the cultural resources shall be sought, and
no structure or improvements that conflict with that integrity shall
be permitted.  No other use is restricted.
   (e) In a state marine (estuarine) recreational management area, it
is unlawful to perform any activity that, as determined by the
designating entity or managing agency, would compromise the
recreational values for which the area may be designated.
Recreational opportunities may be protected, enhanced, or restricted,
while preserving basic resource  values of the area.  No other use
is restricted.
   (f) In a state water quality protection area, point source waste
and thermal discharges shall be prohibited or limited by special
conditions.  Nonpoint source pollution shall be controlled to the
extent practicable.  No other use is restricted.
   36725.  (a) The Fish and Game Commission may designate, delete, or
modify state marine (estuarine) recreational management areas
established by the commission for hunting purposes, state marine
(estuarine) reserves, and state marine (estuarine) conservation
areas.  The Fish and Game Commission shall consult with, and secure
concurrence from, the State Park and Recreation Commission prior to
modifying or deleting state marine (estuarine) reserves and state
marine (estuarine) conservation areas designated by the State Park
and Recreation Commission.  The Fish and Game Commission shall not
delete or modify state marine (estuarine) recreational management
areas designated by the State Park and Recreation Commission.
   (b) The State Park and Recreation Commission may designate,
delete, or modify state marine (estuarine) reserves, state marine
(estuarine) parks, state marine (estuarine) conservation areas, state
marine (estuarine) cultural preservation areas, and state marine
(estuarine) recreational management areas.  The State Park and
Recreation Commission may not designate, delete, or modify a state
marine (estuarine) reserve, state marine (estuarine) park, or state
marine (estuarine) conservation area without the concurrence of the
Fish and Game Commission on any proposed restrictions upon, or change
in, the use of living marine resources.
   (c) If an unresolved conflict exists between the Fish and Game
Commission and the State Park and Recreation Commission regarding a
state marine (estuarine) reserve, state marine (estuarine) park, or
state marine (estuarine) conservation area, the Secretary of the
Resources Agency may reconcile the conflict.
   (d) The State Water Resources Control Board may designate, delete,
or modify state water quality protection areas.
   (e) The Fish and Game Commission, State Park and Recreation
Commission, and State Water Resources Control Board each may restrict
or prohibit recreational uses and other human activities in the MMAs
for the benefit of the resources therein, except in the case of
restrictions on the use of living marine resources.  Pursuant to this
section, and consistent with Section 2860 of the Fish and Game Code,
the Fish and Game Commission may regulate commercial and
recreational fishing and any other taking of marine species in MMAs.

   (f) (1) The Department of Fish and Game may manage state marine
(estuarine) reserves, state marine (estuarine) conservation areas,
state marine (estuarine) recreational management areas established
for hunting purposes and, if requested by the State Water Resources
Control Board, state water quality protection areas.
   (2) The Department of Parks and Recreation may manage state marine
(estuarine) reserves, state marine (estuarine) parks, state marine
(estuarine) conservation areas, state marine (estuarine) cultural
preservation areas, and state marine (estuarine) recreational
management areas.  Department authority over units within the state
park system shall extend to units of the state MMAs system that are
managed by the department.
   (3) The State Water Resources Control Board and the California
regional water quality control boards may take appropriate actions to
protect state water quality protection areas.  The State Water
Resources Control Board may request the Department of Fish and Game
or the Department of Parks and Recreation to take appropriate
management action.
   36750.  Any MMA in existence on January 1, 2002, that has not been
reclassified in accordance with the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code), shall be reclassified under the classification
system described in Section 36700 by January 1, 2003, based upon the
management purpose and level of resource protection at each site on
January 1, 2002.  Upon the reclassification of existing sites, but no
later than January 1, 2003, the use of all other classifications
shall cease for the marine and estuarine environments of the state,
though the classifications may continue to be used for the
terrestrial and freshwater environments where applicable.  The
reclassification process shall be the responsibility of the State
Interagency Coordinating Committee established pursuant to Section
36800, and shall occur to the extent feasible in conjunction and
consistent with the MMA master planning process created pursuant to
the Marine Life Protection Act (Chapter 10.5 (commencing with Section
2850) of Division 3 of the Fish and Game Code).
   36800.  The Secretary of the Resources Agency shall establish and
chair the State Interagency Coordinating Committee, whose members are
representatives from those state agencies, departments, boards,
commissions, and conservancies with jurisdiction or management
interests over marine managed areas, including, but not limited to,
the Department of Fish and Game, Department of Parks and Recreation,
California Coastal Commission, State Water Resources Control Board,
and State Lands Commission.  The Secretary of the Resources Agency
shall designate additional members of the committee.  The committee
shall review proposals for new or amended MMAs to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other such designations in the state.  The
committee shall also serve to ensure the proper and timely routing
of site proposals, review any proposed site-specific regulations for
consistency with the state system as a whole, and conduct periodic
reviews of the statewide system to evaluate whether it is meeting the
mission and statement of objectives.
   36850.  Designation guidelines based on the classification goals
adopted for the state system of MMAs shall be developed jointly by
the appropriate managing agencies in cooperation with the committee
on or before January 1, 2002.  These guidelines shall be used to
provide a general sense of requirements for designating a site in any
particular classification, and may include characteristics such as
uniqueness of the area or resource, biological productivity, special
habitats, cultural or recreational values, and human impacts to the
area.  These designation guidelines shall be provided on a standard
set of instructions for each classification.
   36870.  On or before January 1, 2002, the committee shall
establish a standard set of instructions for each classification to
guide organizations and individuals in submitting proposals for
designating specific sites or networks of sites.  On or before
January 1, 2003, the relevant site proposal guidelines shall be
adopted by each designating entity.
   (a) At a minimum, each proposal shall include the following
elements for consideration for designation as an MMA:
   (1) Name of individual or organization proposing the designation.

   (2) Contact information for the individual or organization,
including contact person.
   (3) Proposed classification.
   (4) Proposed site name.
   (5) Site location.
   (6) Need, purpose, and goals for the site.
   (7) Justification for the manner in which the proposed site meets
the designation criteria for the proposed classification.
   (8) A general description of the proposed site's pertinent
biological, geological, and cultural resources.
   (9) A general description of the proposed site's existing
recreational uses, including fishing, diving, boating, and waterfowl
hunting.
                            (b) The following elements, if not
included in the original proposal, shall be added by the proposed
managing agency in cooperation with the individual or organization
making the proposal, prior to a final decision regarding designation:

   (1) A legal description of the site boundaries and a boundary map.

   (2) A more detailed description of the proposed site's pertinent
biological, geological, cultural, and recreational resources.
   (3) Estimated funding needs and proposed source of funds.
   (4) A plan for meeting enforcement needs, including on-site
staffing and equipment.
   (5) A plan for evaluating the effectiveness of the site in
achieving stated goals.
   (6) Intended educational and research programs.
   (7) Estimated economic impacts of the site, both positive and
negative.
   (8) Proposed mechanisms for coordinating existing regulatory and
management authority, if any exists, within the area.
   (9) An evaluation of the opportunities for cooperative state,
federal, and local management, where the opportunities may exist.
   36900.  Individuals or organizations may submit a proposal to
designate an MMA directly through the committee or an appropriate
designating entity.  Proposals submitted to a designating entity
shall be forwarded to the committee to initiate the review process.
Proposals for designating, deleting, or modifying MMAs may be
submitted to the committee or a designating entity at any time.  The
committee and scientific review panel established pursuant to
subdivision (b) shall annually consider and promptly act upon
proposals until an MPA master plan is adopted pursuant to subdivision
(b) of Section 2859 of the Fish and Game Code, and thereafter, no
less than once every three years.  Upon adoption of a statewide MPA
plan, subsequent site proposals determined by the committee to be
consistent with that plan shall be eligible for a simplified and
cursory review of not more than 45 days.
   (a) The committee shall review proposals to ensure that the
minimum required information is included in the proposal, to
determine those state agencies that should review the proposal, and
to ensure consistency with other designations of that type in the
state.  After initial review by the coordinating committee and
appropriate agencies, the proposal shall be forwarded to a scientific
review panel established pursuant to subdivision (b).
   (b) The Secretary of the Resources Agency shall establish a
scientific review panel, with statewide representation and direction
from the committee, to evaluate proposals for technical and
scientific validity, including consideration of such things as site
design criteria, location, and size.  This panel, to the extent
practical, shall be the same as the master plan team used in the
process set forth in the Marine Life Protection Act (Chapter 10.5
(commencing with Section 2850) of Division 3 of the Fish and Game
Code).  Members shall maintain familiarity with the types and
effectiveness of MMAs used in other parts of the world for potential
application to California.  Members shall be reimbursed reasonable
costs to participate in the activities of the panel.  Where feasible,
advice shall be sought from the appropriate federal agencies and
existing regional or statewide marine research panels and advisory
groups.  After review by the scientific review panel, the committee
shall forward the proposal and any recommendations to the appropriate
designating entity for a public review process.
   (c) Designating entities shall establish a process that provides
for public review and comment in writing and through workshops or
hearings, consistent with the legal mandates applicable to
designating entities.  All input provided by the committee and
scientific review panel shall be made available to the public during
this process.  Outreach shall be made to the broadest ocean and
coastal constituency possible, and shall include commercial and sport
fishing groups, conservation organizations, waterfowl groups and
other recreational interests, academia, the general public, and all
levels of government.
   (d) This process does not replace the need to obtain the
appropriate permits or reviews of other government agencies with
jurisdiction or permitting authority.
   (e) Nothing in this section shall be construed as altering or
impeding the process identified under the Marine Life Protection Act
(Chapter 10.5 (commencing with Section 2850) of Division 3 of the
Fish and Game Code) or the actions of the master plan team described
in that act.
  SEC. 23.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
